Can a bank mortgage transfer a car? Can the mortgage car be transferred?

No. First, only after the mortgage agreement is discharged, the mortgaged car can be transferred, and the ownership cannot be transferred before the mortgage is released. Mainly according to the provisions of China's security law, the mortgage can only mortgage the exercise right of the car, not the ownership of the car.

The meaning of a mortgaged car is a vehicle that is currently under the mortgage period or has passed the mortgage period, but the mortgage has not been released, so it must not apply for transfer.

Second, purchase precautions.

Although the mortgage car cannot be transferred, it is also favored by many users because of its very high cost performance. But buyers also need to pay attention to a lot of details, the main ones are as follows:

1. Mortgage car**.

First of all, it is necessary to determine that the mortgaged car ** is legal and regular, which is also the basis for protecting one's own interests. If it is some theft and other illegal vehicles, then it will bring very large losses to their own interests.

2. Mortgage car information.

These include the age of the mortgaged car, driving license, etc., in addition to providing a copy of the owner's ID card and other information, the buyer verifies these information to ensure the authenticity of the information, which will largely avoid risks.

3. Mortgage method.

To distinguish whether the mortgaged car belongs to the bank installment loan or mortgaged to the lending institution, the two ways are also different. If the owner of the car before paying off the bank loan, then do not buy, because once he does not repay the loan on time, the bank has the right to apply for the auction of the car, which will bring great loss of profit to the car buyer.

Can I buy a car that someone else has mortgaged?

1. Can the mortgage car be transferred?

1. The mortgage car cannot be transferred. The mortgaged vehicle cannot be transferred, because the vehicle has been mortgaged, indicating that the property rights of the vehicle have temporarily not belonged to the original owner, that is to say, the vehicle no longer belongs to the original owner, so the original owner has no right to transfer the vehicle.

2. Legal basis: Article 394 of the Civil Code of the People's Republic of China.

If, in order to guarantee the performance of the debt, the debtor or a third party does not transfer the possession of the property and mortgages the property to the creditor, the debtor fails to perform the due debt or the mortgage rights are realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 395.

The following property that the debtor or a third party has the right to dispose of may be mortgaged:

1) Buildings and other land attachments;

2) the right to use construction land;

3) the right to use maritime space;

4) Production equipment, raw materials, semi-finished products and products;

5) Buildings, ships, and aircraft under construction;

6) means of transport;

7) Other property that is not prohibited by laws or administrative regulations from being mortgaged.

The mortgagor may mortgage the property listed in the preceding paragraph.

2. What information should be provided by the mortgagor.

1. The mortgagor's written application for agreeing to the mortgage and relevant proofs;

2. Proof of qualification of mortgagor;

3. Proof of ownership of the collateral;

4. The basic condition of the collateral;

5. Other relevant information.

Bank mortgage car.

It is possible to transfer ownership: 1. The mortgaged car usually refers to the regular mortgaged car. The meaning of a regular mortgage car is that it is formal, and there is a formal and legal mortgage agreement, and the lending institution can also provide a valid ID card of the owner.

photocopies and so on. Transfer of ownership of the vehicle.

The procedures include the mortgage contract of the original owner, the signature and fingerprints of the owner himself, and the driving license of the original owner.

A copy of the original owner's ID card (for car review) and a transfer agreement will be signed after the first number of passengers; 2. You can buy a mortgaged car for fiber, but you need to release the mortgage first. If the mortgage car is purchased without the mortgage being discharged, it is actually a form of re-mortgage. If you want to transfer the mortgage car, then the owner must sign a mortgage release agreement, but it is very difficult, so most of the mortgaged cars cannot be transferred; 3. However, it needs to be reminded that although the price of the mortgaged car is very low, there is a certain risk in buying the mortgaged car.

In addition, there are some mortgaged cars, which are very vague, and consumers must buy mortgaged cars from regular Judao.

The mortgaged car cannot be transferred because the car has been mortgaged, and the property right does not belong to the owner for the time being, so the owner has no right to transfer the car that does not belong to him for the time being. The mortgage must be paid off and the mortgage can be discharged before the transfer can be processed.

Precautions for buying a mortgage car god dress:

1. Mortgage car**.

Before buying a mortgaged car, you must figure out the ** of the mortgaged car, if the mortgaged car is a stolen vehicle, then you must not buy. Because even after the purchase, there will be a public security organ to seal up, and the buyer will suffer a very large loss of profits.

2. Corresponding certificates.

First of all, the lending institution needs to provide a clear mortgage agreement, in addition to the borrower's identity information, etc., mainly including a copy of the ID card.

3. Check the condition of the mortgaged car.

Many mortgaged cars will have certain problems, either they have been overhauled, or the mileage is relatively long, and there will be a lot of problems in the performance of this type of vehicle. Therefore, it is necessary to carefully check the condition of the mortgaged car before purchasing to protect its own interests. <>

How to transfer the ownership of the bank mortgage car:

1. It cannot be purchased directly, but must be purchased through auction. During the mortgage period, it is impossible to allow buying and selling. During the mortgage period, the car still belongs to the owner, does not belong to the bank, and the bank has no right to deal with it, only if the mortgagor is unable to repay the loan mortgaged by the car;

2. The bank can apply to the court for the mortgage of the bucket section car for auction, so that the auctioneer can legally own the car Article 40 of the "Bearish Reputation Protection Law": when the mortgage contract is concluded;

3. The mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgaged property shall be transferred to the right holder when the mortgagee has not been repaid upon the expiration of the debt performance period. Article 41: If a party mortgages a vehicle, the mortgage registration shall be completed, and the mortgage agreement shall take effect from the date of sale.

How to transfer the ownership of the bank mortgage car:

1. It cannot be purchased directly, but must be purchased through auction. During the period of copying the bank mortgage, it is impossible to allow the sale of potatoes. During the mortgage period, the car still belongs to the owner, does not belong to the bank, and the bank has no right to deal with it, only if the mortgagor is unable to repay the loan mortgaged by the car;

2. The bank can apply to the court for the mortgage of the car for auction, so that the auctioneer can legally own the car Article 40 of the Guarantee Law: when the mortgage contract is concluded;

3. The mortgagee and the mortgagor shall not stipulate in the contract that the ownership of the mortgaged property shall be transferred to the right holder when the mortgagee has not been repaid upon the expiration of the debt performance period. Article 41: If a party mortgages a vehicle, it shall go through the mortgage registration, and the mortgage agreement shall take effect from the date of registration.

If the car is mortgaged in the bank, it means that the property right of the car does not belong to the owner for the time being. Therefore, the owner of the car has no right to transfer the car that does not belong to him for the time being. It is necessary to pay off the mortgage and confirm the right after the mortgage is released before the transfer can be handled.

[Legal basis].Article 20 of the Regulations on the Registration of Motor Vehicles.

In any of the following circumstances, the transfer registration shall not be handled:

1) The contents of the motor vehicle and the car's file are inconsistent;

2) Motor vehicles under customs supervision, which have not been released from supervision or approved for transfer;

3) The motor vehicle is during the mortgage registration or pledge filing period;

4) There are circumstances provided for in items (1), (2), (7), (8) and (9) of Article 9 of these Provisions.